Dáil debates

Thursday, 29 April 2021

Saincheisteanna Tráthúla - Topical Issue Debate

Private Rented Accommodation

7:50 pm

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

The Residential Tenancies Acts 2004 to 2021 provide strong protections regarding the lawful termination of tenancies. In any notice of termination served after six months of a tenancy commencement, a landlord must state a reason for the termination in accordance with the limited allowable grounds under the legislation. The legislation also provides for specific notices periods to be served before the notice of termination becomes effective. The longer the tenancy, the longer the notice period. In some cases, these notice periods were more than doubled under the Residential Tenancies (Amendment) Act 2019. For example, a tenant who lives in a dwelling under tenancy between three and seven years is entitled to 180 days' termination notice, or almost half a year, except in limited circumstances, such as where antisocial behaviour occurs. A tenant in residence for eight or more years is entitled to 224 days' notice.

A tenant can refer a case of unlawful eviction to the RTB for dispute resolution and reinstatement of a tenancy, and damages of up to €20,000 can be ordered. In extreme cases, the RTB can seek a court injunction where unlawful eviction has occurred and no other effective intervention or resolution is available. Enhanced powers of investigation and sanctions were provided to the RTB in July 2019, and appropriate resources have been provided. The Deputy will acknowledge that these are significant deterrents and should help in addressing the issue of illegal evictions. I ask that the other aspects of the question she has raised this evening be referred directly to the Department of Justice.

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